Citation : 2023 Latest Caselaw 4060 Patna
Judgement Date : 25 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7674 of 2023
======================================================
Ramesh Kumar Choudhary S/o. Sri Shyam Sundar Choudhary Resident of Village- Pahi, Ward No. 11, Mahaveerasthan, Post- Sarisabpahi, P.S. and Anchal and Block- Pandaul, District- Madhubani.
... ... Petitioner/s Versus
1. The State of Bihar through the Principal Secretary, Rural Development Department, Government of Bihar, Patna.
2. The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.
3. The Secretary, Gramin Karya Bibhag, Government of Bihar, Patna.
4. The Additional Chief Secretary, Panchayati Raj Department, Government of Bihar, Patna.
5. The Commissioner, Darbhanga Division, Darbhanga.
6. The District Magistrate, Madhubani.
7. The Superintendent of Police, Madhubani.
8. The Sub- Divisional Officer, Sadar, Madhubani.
9. The Block Development Officer, Pandaul Block, District- Madhubani.
10. The Block Gram Panchayat Raj Officer, Pandaul Block, District-
Madhubani.
11. The S.H.O. of Pandaul Police Station, Pandaul, District- Madhubani.
12. The Gram Panchayat Raj, Saresabpahi, East, through the Panchayat Secretary, P.S. and Block- Pandaul, District- Madhubani.
13. The Mukhiya, Gram Panchayat Raj, Sarisabpahi East, P.S. and Block-
Pandaul, District- Madhubani.
14. The Panchayat Secretary of Gram Panchayat Raj, Sarisabpahi, East, P.S. and Block- Pandaul, District- Madhubani.
15. The Ward Implementation Management Committee of Ward No. 2, through its Secretary, Gram Panchayat Raj, Sarisabpahi, East, P.S. and Block- Pandaul, District- Madhubani.
16. The Ward Implementation Management Committee of Ward No. 14, through its Secretary, Gram Panchayat Raj, Sarisabpahi, East, P.S. and Block- Pandaul, District- Madhubani.
17. Smt. Saraswati Devi, Wife of Sri Kedarnath Jha at present Mukhiya of Gram Panchayat Raj, Sarisabpahi, East, P.S. and Block- Pandaul, District- Madhubani.
18. Smt. Shakuntala Devi, Wife of Sri Khublal Roy the Ex-Ward Member- cum-
President of the Ward Implementation Management Committee of Ward No. 2 of Gram Panchayat Raj, Sarisabpahi, East, P.S. and Block- Pandaul, Post- Sarisabpahi, District- Madhubani.
19. Niraj Sah, Son of Sri Chhotulal Sah the Secretary of the Ward Patna High Court CWJC No.7674 of 2023 dt.25-08-2023
Implementation Management Committee of Ward No. 2 of Gram Panchayat Raj, Sarisabpahi, East, P.S. and Block- Pandaul, Post- Sarisabpahi, District- Madhubani.
20. Bulan Sadai, Son of Negar Sadai the Ex-Ward Member- cum- President of the Ward Implementation Management Committee of Ward No. 14 of Gram Panchayat Raj, Sarisabpahi, East, P.S. and Block- Pandaul, Post- Sarisabpahi, District- Madhubani.
21. Smt. Sunita Devi, Wife of Bajrang Kamat the Ward Member- cum-
Secretary of the Ward Implementation Management Committee of Ward No. 14 of Gram Panchayat Raj, Sarisabpahi, East, P.S. and Block- Pandaul, Post- Sarisabpahi, District- Madhubani.
22. Neha Kumari, Daughter of Sri Dharmendra Chaudhary the Junior Engineer of Panddaul Block as well as of Gram Panchayat Raj, Sarisabpahi, East, P.S. and Block- Pandaul, District- Madhubani.
23. Sri Praffula Kumar Singh, Son of Sri Amarnath Singh at present Panchayat Secretary of Gram Panchayat Raj, Sarisabpahi, East, P.S. and Block- Pandaul, Post- Sarisabpahi, District- Madhubani.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr.Chandra Mauli Chaurasia, Advocate For the Respondent/s : Mr.Manish Kumar (GP-4) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 25-08-2023
1. The writ petition allegedly filed in public interest
projects financial irregularities and embezzlement. It is prayed
that Respondent No. 6 may be directed to conduct an enquiry on
the spot in Ward Nos. 2 and 14 of Gram Panchayat, Sarisabpahi
East situated within Pandaul Block in the district of Madhubani.
It is claimed that there is huge misappropriation and defalcation
of public money carried out by Respondent Nos. 18 to 21 in
collusion with Respondent Nos. 9,10,13,14, 17, 22 and 23 under Patna High Court CWJC No.7674 of 2023 dt.25-08-2023
the Nal Jal Yojana, without execution of the works allotted to
them by the respondent authorities. The petitioner also seeks
that the Inquiry Report may be directed to be filed before this
Court for taking legal action and step against the Respondent
Nos. 17 to 23.
2. In fact, there is a public grievance redressal
mechanism by way of Public Grievance Redressal Officer
constituted under the Bihar Right to Public Grievance Redressal
Act, 2015. The petitioner would be entitled to seek such remedy
before the Public Grievance Redressal Officer and there is no
scope for carrying out an enquiry on the basis of the allegations
raised in the writ petition, that too with monitoring carried out
by this Court.
3. Leaving open the said remedy, the writ petition
would stand dismissed.
(K. Vinod Chandran, CJ)
(Partha Sarthy, J) P.K.P./-
AFR/NAFR CAV DATE Uploading Date 30.08.2023 Transmission Date
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